Overview of smoke-free legislation in the EU 1

Transcription

1 Overview of smoke-free legislation in the EU 1 Legend: - on indoor smoking - Ban on indoor smoking, while providing for separate enclosed smoking rooms / Obligation for employer to protect employees - Partial ban on indoor smoking, e.g. smoking zones or exemptions for certain categories of venues - Recommendations, suggestions, or no ban General Workplace Enclosed Public Places Health Care Facilities Education Facilities Public Transport Hotels and Accommodation Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden United Kingdom 1 This overview is based on the analysis of the relevant legal provisions in effect in each Member State as of May 2011, but does not take into account their enforcement nor does it reflect forthcoming legislative changes in the case of Belgium, Hungary, Malta and the Netherlands.

2 Austria Public transport Belgium Public transport Banned, with exemptions: Smoking rooms allowed, provided that smoke is not penetrating the general non-smoking area. If smokers have their own office. Banned, with exemptions: In venues larger than 80m 2, separate smoking rooms covering a maximum of 50% of surface area are permitted. Venues between 50m 2 and 80m 2 may permit smoking provided the owner can prove that partitioning or separation of the premises is not possible. Venues smaller than 50m 2 may decide to become either fully smoking or non-smoking. Minors under 18 years and pregnant women will not be allowed to work in places where they might be exposed to tobacco smoke. Employees have the right to claim severance pay if they quit their job due to exposure to smoke. Clear signposting of smoking premises required. Banned, with exemptions: Smoking banned altogether for children under 18. In other facilities, there is a possibility of smoking rooms, provided that smoke is not penetrating the general non-smoking area. Ban, except in segregated smoking rooms in airports. Ban, with an exemption of a clearly designated smoking room with appropriate ventilation. In restaurants, smoking is allowed in a separate smoking room in which only drinking is allowed it cannot take up more than 25% of the total surface of the establishment and must be equipped with a ventilation system. In bars that do not serve food (only pre-packaged foods that keep at least 3 months are allowed) a smokers zone is permitted until 2014 it cannot take up more than 50% of the total surface of the establishment (except in establishments below 50m²) and needs to be equipped with a ventilation system.

3 Future developments Bulgaria Public transport Cyprus In bars that form part of a sport infrastructure, there is a ban on smoking, but a smoking room is allowed. Casino playing rooms are exempt from the smoking ban. Banned, with an exemption of closed places considered as private rooms. The exemption from smoking room legislation for bars not serving food and for casinos playing rooms has been annulled by the Constitutional Court in March 2011, taking effect in July Ban, with an exemption for designate separate smoking rooms with good mechanical ventilation, airtight walls and doors which are kept shut when the room is used for smoking. Smoking is banned, except in designated smoking rooms which cannot occupy more than 50% of the venue's space. In establishments with an area less than 50m 2, the owner is to decide if the establishment will be smoking or nonsmoking (if owners decide that smoking is allowed, persons under 18 are no longer permitted). In night clubs, smoking is allowed at all times regardless of how large they are. In open-space establishments inside shopping malls, smoking is not permitted. Every employer shall, after consultation with the employees who may be affected or with representatives of the employees, prescribe in writing and implement a policy in all workplaces, which shall be based in the principle that employees who do not smoke, or do not desire to smoking in their workplace, shall be protected from such smoke in such workplace. The provisions of the Law shall not prevent an employer to allow smoking in closed areas, which have an adequate ventilation system and where only employees who are smokers are found and who request in writing that smoking may be allowed in such a place. Ban on smoking excluding open outdoor or indoor spaces.

4 No specific provisions for residential care No specific provisions in the Law for prisons. However, areas which are commonly used by prisoners (such as restaurants, kitchen, work places etc.) are considered as "no smoking areas" and smoking is forbidden. As far as the prison cells are concerned, there are different chambers for smokers and nonsmokers. Public transport including in private vehicles where persons under 16 years of age are on board. No ban for outdoor areas Czech Republic Obligation for employee not to smoke at workplaces and other premises where non-smokers would be exposed to the effects of smoking. Banned with the exception of structurally separated areas reserved for smoking and permanently ventilated to areas outside the building when occupied Educational Facilities The operator may decide whether to designate their premises as smoking or non-smoking, or provide structurally separated areas for smokers and nonsmokers. They must visibly label their premises accordingly. Smoking establishments and establishments with reserved areas in which smoking is permitted must have sufficient ventilation. with the exception of closed psychiatric wards or other facilities for the treatment of addictions, in which smoking is permitted only in structurally separated areas reserved for smoking and permanently ventilated to areas outside the building when occupied Banned, except in structurally separate premises of stations, airports, etc. Smoking regime in rooms is a decision of a hotel operator. Smoking is prohibited in publicly accessible premises (such as hotel lobbies) with the exception of structurally separated areas. The general provision on smoking in the buildings of state authorities applies, i.e. the managers are obliged to ensure that the persons in these buildings are protected from the harmful effects of smoking. In addition, the convicted nonsmoker may request to be placed separately from smokers.

5 A municipality with independent authority may temporarily or permanently prohibit smoking on publicly accessible children s playgrounds, publicly accessible sports venues etc. Denmark Banned, except in smoking rooms or cabins, or where the workplace serves only one person. Banned, except in smoking rooms or cabins. Smoking is prohibited in venues large than 40m 2, except in smoking rooms or cabins, where food and drinks are not served. Small bars, with a surface smaller than 40m 2 may permit smoking. Hospitals and similar institutions may permit patients and their family members to smoke in extraordinary circumstances. Smoking banned altogether. In educational institutions for adolescents 16 years and older that also serve as dwellings, adolescents may be allowed to smoke in designated smoking rooms and in their own rooms. Banned, except in smoking rooms and cabins on passenger ships. Otherwise, it follows with overall law. In hotel rooms, it may be decided that the guests are permitted to smoke. Smoking is prohibited in publicly accessible premises except for smoking rooms or cabins. Estonia In office premises and other public premises of enterprises, smoking is allowed only in separately ventilated smoking rooms (which are negatively pressurised) or smoking areas. Smoking banned in all enclosed public spaces, except for designated smoking rooms or areas. Banned in certain types of public places (e.g. shops), but in others (cultural institutions, sport and recreational facilities), smoking is allowed in designated rooms or areas. Smoking permitted outside catering establishments or in designated smoking rooms intended exclusively for smoking. Smoking allowed in designated rooms or areas. Smoking banned altogether except on the premises of institutions of higher education, in designated rooms or areas. Banned, except for designated and ventilated areas on trains and passenger ships. Banned in the outdoor spaces of educational and childcare facilities.

6 Finland Enclosed Public Spaces Smoking banned on the joint and public premises of workplaces and the areas accessible to clients except for designated smoking rooms. In any other premises at the workplaces, employers are to ensure that employees are not involuntarily exposed to tobacco smoke. Smoking allowed in designated smoking rooms. Smoking allowed in separately ventilated smoking rooms where no food or drink is to be served or consumed. Educational Facilities Smoking allowed in at most one out of ten rooms for accommodation. Irrespective of the number of rooms, smoking can however be allowed in three rooms for accommodation. France Germany Smoking is banned inside public means of transport. It is permitted: in smoking rooms on premises of public transport. in restaurants over 50m2 of international vessels Smoking banned in outdoor spaces of childcare and educational facilities and at outdoor events where the participants stay on places assigned for them. Smoking is banned, except in separately ventilated smoking rooms, in which no services are provided. The smoking room should not occupy more than 20% of the overall surface of the establishment and should not exceed 35 m². Serving staff and minors are not permitted to enter smoking room. Smoking is banned, except on the outside of maritime vessels. Smoking banned in outdoor spaces of childcare and educational establishments Employers are required to effectively protect nonsmoking employees from tobacco related health risk. If necessary, the employer must issue a general smoking ban or one restricted to individual areas of the workplace. Smoking banned at Länder level. In some states, smoking rooms are allowed. Smoking bans exist at Länder level, usually allowing for separate smoking rooms and exempting smaller establishments that do not serve food.

7 Greece Transport Hungary Complete smoking bans for the hospitality sector are in place in Saarland and Bavaria Banned in trains and taxis, otherwise it follows general workplace law. Smoking permitted in separate rooms. Smoking banned in outdoor areas of schools. Smoking allowed in designated areas. In restaurants, smoking allowed in designated areas. In nonfood venues or where food is served only as a supplementary service, there are no restrictions. Smoking permitted in bars and clubs Smoking allowed in designated areas Banned altogether in institutions providing basic health services or outpatient care, customer areas of pharmacies and institutions providing inpatient care principally to children Future developments Smoking banned altogether in areas within public education institutions that are also used by students. Comprehensive smoke-free legislation has been adopted in April As of January 2012, smoking will be completely banned in all enclosed public places and workplaces (including hospitality venues and places of entertainment) and public transport. It will also cover some outdoor venues such as busstops, playgrounds and five meters around them. Only the cigar rooms of hotels, prisons and psychiatric institutes are exceptions. However, fines will be imposed only from 1 April

9 Exception: Smoking permitted in specially established private cigar and pipe clubs, where no serving or consumption of food and drink is permitted. Smoking is only permitted on: Long distance trains and ships, in designated carriages/cabins Separate places on airplanes Smoking regime in individual rooms is a decision of hotel managers In publicly accessible premises, smoking banned except in designated smoking rooms Luxembourg Malta Transport The administrative bodies of a legal person must ensure that its personnel, clients and visitors are not exposed to tobacco smoke. They must also ensure that special smoking rooms are set aside. Municipal councils shall have the right to prohibit smoking in public places (parks, squares, etc.) and other public places falling within the scope of their competence. Employer is obligated to ensure that workers are effectively protected from passive smoking. This can include providing smoking rooms. Ban on smoking in restaurants and tea rooms, except in smoking rooms, covering less than ¼ the surface. Minors are not permitted in the smoking room. Ban during dining hours, except in smoking rooms covering less and ¼ of the surface. Minors are not permitted in the smoking room. Smoking allowed only in smoking rooms (one per establishment). Smoking permitted in designated smoking areas, but strictly reserved for patients. Smoking allowed in enclosed smoking rooms.

10 Future developments Netherlands Public transport Future developments Poland Public transport The government has banned the use of smoking rooms as of January 2013, with the exception of individual hotel rooms. Banned, except in designated smoking rooms. Banned, except in separate smoking rooms with no service. Smoking allowed in half the number of rooms in mental, disabled, and elderly care homes where there is more than one room. Owner-run bars with no staff and only one catering outlet with a usable area of less than 70m 2 are exempt from the ban. Smoking banned except in: Smoking rooms (a separate premise used exclusively for smoking, provided with mechanical exhaust ventilation or filtration system, so that tobacco smoke does not penetrate other premises) The Ministers of National Defense, Internal Affairs and Justice will issue specific regulations for facilities and the means of transport they are in charge of, taking into account the need to keep these facilities smoke-free and protect non-smokers from tobacco smoke but smoking rooms possible in higher education system Smoking banned, except in: Smoking rooms used exclusively for smoking In venues where at least 2 rooms exist, one may be designated for smoking, provided there is ventilation preventing tobacco smoke penetrating other rooms. Serving food and drinks is allowed in these rooms. Smoking banned, except in: Smoking rooms used exclusively for smoking. Managers/owners may decide to exclude individual rooms from the smoking ban. Smoking permitted in smoking rooms used exclusively for

11 Portugal smoking. Smoking banned around bus stops and playgrounds In workplaces and most public places, smoking is banned, except for enclosed rooms, or designated areas that prevent tobacco smoke from spreading into adjacent areas. In venues with an area for clients less than 100m2, the owner may permit smoking, as long as the smoking area: o is clearly designated o physically detached from remaining facilities or have an autonomous ventilation mechanism o has a direct ventilation to the exterior which is assured by an air extraction system In venues with a total area of 100m2 or more, owners may designate up to 30% of their total area for clients as a smoking area or up to 40% in case of an enclosed smoking room, as long as the conditions mentioned above are fulfilled and the area does not include spaces destined exclusively for workers or areas where workers have to be permanently.. In higher education system, smoking is allowed in enclosed rooms, or designated areas that prevent tobacco smoke from spreading into adjacent areas. Smoking banned, except in hospitals and psychiatric services, smoking allowed in enclosed rooms or designated areas that prevent tobacco smoke from spreading into adjacent areas. Owners may permit smoking, as long as the smoking area: o is clearly designated o physically detached from remaining facilities or have an autonomous ventilation mechanism o has a direct ventilation to the exterior which is assured by an air extraction system Hotels may designate no more than 40% of the total accommodation for smokers as long as the conditions mentioned above are fulfilled Romania Smoking banned in outdoor spaces of childcare and educational establishments Ban, except in separately ventilated smoking rooms, which are reserved only for smoking

12 Slovakia Public transport Slovenia Smoking rooms must cover under half the floor space, and be equipped with functional ventilation equipment. In venues with a surface of less than 100m 2, owners may permit smoking, with clear signage. Banned in places where non-smokers work. Smoking is allowed only in separate smoking rooms (which cannot occupy more than 50% of the overall surface). Establishments not serving food can decide themselves whether to be smoking or non-smoking. Smoking banned altogether except reserved cars in trains Banned, except for designated smoking rooms for employees. Smoking allowed only in separate smoking rooms, used exclusively for smoking. Smoking rooms will not allow eating or drinking, nor should they cover more than 20% of the overall surface. If no smoking room is available, then a total indoor ban exists. Smoking is permitted in designated hotel rooms. Smoking rooms allowed in psychiatric wards. Smoking allowed in other residential care facilities in rooms occupied by smokers, and not intended for common use. Smoking permitted in rooms occupied by smokers and not intended for common use. Smoking banned in outdoor space of childcare and educational establishments. Spain Exception: Smoking allowed only in private smoking clubs, which must be constituted as a legal body, be non-profit making, and must not

13 Sweden Enclosed Public Spaces United Kingdom include amongst their activities the sale of any goods or consumables. Minors are not allowed in private smoking clubs. Up to 30% of a hotel s rooms may be set aside for smoking. Smoking rooms with independent ventilation may be provided, but only for residents (not allowed for visitors or staff). Smoking banned in playgrounds and outdoor areas of healthcare and educational facilities (except for those dedicated exclusively to adult education) Employer is obliged to ensure than employees are not exposed to tobacco smoke against their will Smoking allowed in separately ventilated smoking rooms. Smoking permitted in outdoor areas and in separate smoking rooms. No serving or consumption of food and drinks is allowed inside the smoking room. Smoking allowed in separately ventilated smoking rooms for staff only. Smoking permitted in a certain number of hotel rooms. Smoking allowed in separately ventilated smoking rooms. Smoking banned in outdoor space of childcare and educational establishments (except for those dedicated exclusively to adult education Smoking permitted in a certain number of hotel rooms. Smoking permitted in designated rooms Wales: total ban on smoking England, Scotland: smoking allowed in designated rooms Northern Ireland: smoking allowed, with the exception of social clubs, sports clubs and visitors centres.

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